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LAWS on INFORMAL SETTLERS

Definition
 Squatter

– a person who settle on new especially public land without title; a person who takes unauthorized possession of unoccupied premises. (Oxford Dictionary)
Settlers - households occupying a lot rent-free without the consent of the owner. (National Census Office)

 Informal

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Laws affecting Informal Settlers  PD 772 or The Anti-Squatting Act of 1975 9 & 10. Article XIII of the 1987  Section Constitution  RA 7279 or the Urban Development and 8368 or the Anti-Squatting Law Repeal Housing Act of 1992 or The Lina Law  RA Act of 1997 .

312 of the Revised Penal Code 70 of the 1997 Rules of Civil Procedure  Civil Liability for Damages under the Civil Code .Other relevant provisions  Article  Rule 281.

or taking advantage of the absence or tolerance of the landowner. succeeds in occupying or possessing the property of the latter against his will.PD 772  The law criminalizes squatting.  Penalizes any person. corporation or association who. . with the use of force or threat.

. act likewise dismissed all cases  The pending before the courts involving the presidential decree.RA 8368  Congress expressly repealed PD 772 and decriminalized squatting.  Was considered by the legislature as a major piece of legislation on the country’s anti-poverty program.

in cooperation with the private sector.Article XIII of 1987 Constitution  Article 9 . decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. . undertake. In the implementation of such program the State shall respect the rights of small property owners. and for the common good. by law. a continuing program of urban land reform and housing which will make available at affordable cost. It shall also promote adequate employment opportunities to such citizens.The State shall.

. except in accordance with law and in a just and humane manner.Urban or rural poor dwellers shall not be evicted nor their dwelling demolished.Article XIII of 1987 Constitution  Article 10 . No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.

This is coupled with the availability of “basic services” and “adequate employment opportunities.” 10 meanwhile is directed to the due process due to the urban or rural poor dwellers.  Section .Article XIII of 1987 Constitution  The focus of Section 9 is on the social housing program for the underprivileged and homeless citizens.

b.The Lina Law  The a. Community Mortgage Program .RA 7279 . Socialized Housing b. law classifies two kinds of informal settlers: Professional Squatters Underprivileged and homeless citizens the  Two programs available for underprivileged and homeless citizens: a.

The Lina Law Professional Squatter Composition Individual or groups Income Capacity Has sufficient income for legitimate housing Underprivileged and homeless citizens Individuals or families Income or combined household income falls within the poverty threshold and do not own housing facilities. Status under the law Penalized Beneficiaries .RA 7279 .

RA 7279 .The Lina Law Professional Squatter Occupation on the Land Without express consent of the owner Underprivileged and homeless citizens No qualification made under the law Likewise includes: Previous owners of homelots or housing units by the government Non-bonafide occupants & intruders of lands reserved for socialized housing Not previous owners of government homelots Live in makeshift dwelling units and do not enjoy security of tenure .

The Lina Law Professional Squatter Exception Those who rent land from the and hosing from classification professional squatters or squatting syndicates Underprivileged and homeless citizens .RA 7279 .

RA 7279 . of the Act including existing areas for all lands in urban and urbanizable areas. .The Lina Law  Coverage 1. 2. priority development sites. Other areas that may be identified by the LGUs for socialized housing.

Those actually used for national defense and security of the State. Those used. from the coverage: Those included in the coverage of Republic Act 6657. and other installations . facilities.RA 7279 . 3.The Lina Law  Exemptions 1. reserved or otherwise set aside for government offices. 2.

and cemeteries or memorial parks. from the coverage: Those used or set aside necessary to maintain ecological balance or environmental protection. or educational purposes. charitable. cultural and historical sites.RA 7279 . 5. Those actually and primarily used for religious. hospitals and health centers. .The Lina Law  Exemptions 4.

The Lina Law  Exception to the exemptions: 1. When the use or purpose of the lands has ceased to exist.RA 7279 . .

The Lina Law  Priorities 1. 2. Zonal Improvement Program sites.RA 7279 . 3. and Slum Improvement & Resettlement Program sites which have not yet been acquired . in the acquisition of Land Those owned by the Government Alienable lands of the public domain Unregistered or abandoned and idle lands Those within the declared Areas for Priority Development. 4.

Privately-owned lands.The Lina Law  Priorities 5. 6. in the acquisition of Land Bagong Lipunan Improvement of Sites & Services (BLISS) sites not yet acquired. the priorities is not applicable: Where open-site development is found more practicable and advantageous to the beneficiaries.  Where  .RA 7279 .

6. 2. of Acquisition: Community mortgage Land swapping Land assembly or consolidation Land Banking Donation to the Government Joint-venture agreement Negotiated purchase Expropriation . 5. 4.The Lina Law  Modes 1.RA 7279 . 8. 7. 3.

primary strategy to be undertaken by the Government  The .The Lina Law  Socialized housing – housing programs and projects covering houses and lots or homelots only undertaken by the Government or the private sector for the underprivileged and homeless citizens.RA 7279 .

Must not be a professional squatter or a member of squatting syndicates .RA 7279 . Must not own any real property. Must be an underprivileged and homeless citizen.The Lina Law  Who     are qualified to be beneficiaries? Must be a Filipino citizen.

Sewerage facilities and an efficient and adequate solid waste disposal system. Power and electricity.RA 7279 . .  Livelihood  component: Has to be located near areas where employment opportunities are accessible.The Lina Law  Basic a) b) c) d) Services required: Potable water. Access to primary roads and transportation facilities.

The Lina Law  Other a) b) c) d) e) f) basic services: Health Education Communications Security Recreation Relief and Welfare NOTE: The basic services are to be provided at the most cost-efficient rates. .RA 7279 .

000. at the discretion of the court. .00) but not more than One hundred thousand pesos (Php100.RA 7279 .000)  Both.The Lina Law  Penalties for Professional Squatters and Squatting Syndicates  Imprisonment – not more than six (6) years  Fine – not less than Sixty thousand pesos (Php60.

The Lina Law  Community Mortgage Program (CMP) – a associations of mortgage financing program which assists legally organized underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership. .RA 7279 .

of and their eventually improve their neighborhood affordability.The Lina Law  Primary Objective of CMP – to assist residents of blighted or depressed areas to own the lots they occupy. . or where they and choose homes to to relocate the extent to.RA 7279 .